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Old 06-03-2012, 07:02 PM   #1 (permalink)
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I still have no idea why you're bringing up DOMA when discussing an amendment which would prohibit state benefits for marriage being conferred to same-sex couples.

Yeah, sure, you could argue that DOMA is contrary to the Full Faith & Credit Clause; but how is that relevant in regards to the proposed amendment?
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Old 06-03-2012, 07:50 PM   #2 (permalink)
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Originally Posted by hip hop bunny hop View Post
I still have no idea why you're bringing up DOMA when discussing an amendment which would prohibit state benefits for marriage being conferred to same-sex couples.

Yeah, sure, you could argue that DOMA is contrary to the Full Faith & Credit Clause; but how is that relevant in regards to the proposed amendment?
Considering that DOMA is a law that defines what marriage essentially is on a federal level, any amendment that would regulate and impose federal mandate over state law has obvious relevance. If a state deems the union of a same-sex couple as valid and worthy of benefits then the implementation of any amendment would be a states rights issue. Currently the few states that recognize same-sex domestic partnerships also confer most of the same rights to those unions that opposite-sex couples enjoy, so the idea that an amendment would eliminate these rights would set a dangerous precedent in my opinion. If the federal government can override matters that have been traditionally restricted to state constitutions and jurisdiction, how exactly does that support the idea of a democratic process or states rights?
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Old 06-03-2012, 10:32 PM   #3 (permalink)
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I disagree with your reading of DOMA; the practical effect of DOMA is that when "State X" calls a couple married, and said couple moves to "State Y", the latter has the right to not recognize that marriage, which is perfectly reasonable once you recall that recognizing it means granting pay outs.

Anyways, yeah, Romney is not a states-rights guy. Neither is Obama. Both are intent on forcing their views on this subject (and many others) on the entire nation, and in far too many cases they seek to force their views on other nations.
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Old 06-03-2012, 11:01 PM   #4 (permalink)
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Originally Posted by hip hop bunny hop View Post
I disagree with your reading of DOMA; the practical effect of DOMA is that when "State X" calls a couple married, and said couple moves to "State Y", the latter has the right to not recognize that marriage, which is perfectly reasonable once you recall that recognizing it means granting pay outs.

Anyways, yeah, Romney is not a states-rights guy. Neither is Obama. Both are intent on forcing their views on this subject (and many others) on the entire nation, and in far too many cases they seek to force their views on other nations.
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SEC. 3. DEFINITION OF MARRIAGE.

(a) IN GENERAL- Chapter 1 of title 1, United States Code, is amended by adding at the end the following:
`Sec. 7. Definition of `marriage' and `spouse'

`In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word `marriage' means only a legal union between one man and one woman as husband and wife, and the word `spouse' refers only to a person of the opposite sex who is a husband or a wife.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by inserting after the item relating to section 6 the following new item:
`7. Definition of `marriage' and `spouse'.'.
So yeah, not too sure how you can disagree with my "reading" when the text literally states what I'm saying. But I digress, and I do agree that the practical applications of the law are pretty reasonable. The idea that a state would have to honor another's stipulations simply because the former's high court deems it to be valid doesn't make any sense whatsoever. It would seem that the nation would only have universal recognition of gay marriage through entirely new legislation, which would surely fail miserably in Congress.
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Old 06-04-2012, 01:29 PM   #5 (permalink)
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So yeah, not too sure how you can disagree with my "reading" when the text literally states what I'm saying. But I digress, and I do agree that the practical applications of the law are pretty reasonable. The idea that a state would have to honor another's stipulations simply because the former's high court deems it to be valid doesn't make any sense whatsoever. It would seem that the nation would only have universal recognition of gay marriage through entirely new legislation, which would surely fail miserably in Congress.
My bad anticipation, I had misunderstanding as to what the law stated.

Anyways, while I agree the legislation forcing all states to recognize, much less allow, gay marriage would fail miserably in Congress, I don't think that's the only way for gay marriage allowed/recognized in all states. A Supreme Court decision could have that effect. However, as long as the court retains its current composition, that seems very unlikely.
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